Chapter2SpilkerACCT620(1)

Chapter2SpilkerACCT620(1) - Tax Compliance, the IRS, and...

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Tax Compliance, the IRS, and Tax Authorities Chapter 2, pp. 2-3 to 2-22 Tax Law Sources, pp. 2-9 to 2-17 & 2-6 to 2- 9 Legislative (Statutory), pp. 2-9 to 2-14 Administrative, pp. 2-15 to 2-17 Statute of Limitations, pp. 2-3 to 2-4 IRS Audit Selection, pp. 2-4 to 2-7
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Vocabulary precedent (pres' e dent) noun law definition a legal decision or other authoritative material that furnishes an example for deciding the treatment of future similar or analogous situations precedential (pres ' e den' shel) adjective of the nature of or constituting a precedent
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Primary vs Precedent primary authority defined “… official sources of tax law generated by the legislative branch …, judicial branch …, and executive / administrative branch.” (p. 2-9) there are some primary authorities that provide no precedential value Small Cases Division decisions (cited as T.C. Summary Opinions) cannot be used as precedent Private Letter Rulings cannot be used as precedent
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Legislative (Statutory) Sources U.S. Constitution 16th Amendment The Congress shall have the power to lay and collect taxes on incomes, from whatever source derived, without apportionment among several States, and without regard to any census or enumeration.
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Legislative Process
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The Legislative Process every bill passed has a public law number P.L. congressional session # - bill # congressional session # based on 2 year time periods 2009-10 is the 111th Congressional Session 2011-12 is the 112th Congressional Session
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Internal Revenue Code (IRC) Revenue Acts from 1913 to 1939 codified as IRC of 1939 IRC is Title 26 of the United States Code LII: U.S. Code: Home
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Internal Revenue Code (con’t) A, Income Taxes some numbers are skipped 1-6, 11-14, 21-25, etc. continuous through all subtitles Subtitle A, Income Taxes – Chapters 1 – 6 Chapter 1, Normal Taxes and Surcharges Subchapters (capital letters) not all chapters have start over at A for each chapter Subtitle A, Income Taxes, Chapter 1, Normal Taxes and Surcharges, Subchapters A – X (no R)
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Internal Revenue Code (con’t) Parts (upper case Roman numeral) not all subchapters have start over at I for each subchapter some numbers are skipped Subparts (capital letters) not all parts have (fairly few) Sections (1 – 9602 + 9701 – 9833) continuous in Title 26 (not repeated) some numbers are skipped tax research generally focuses on code section
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subsection (lower case letters – a , b, c, etc.) paragraphs (numerical – 1, 2, 3, etc.) subparagraphs (upper case (capital) letters – A, B, C, etc.) clauses (lower case Roman numerals – i, ii, iii, etc.) subclauses (upper case Roman numerals – I, II,
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Chapter2SpilkerACCT620(1) - Tax Compliance, the IRS, and...

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